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Guertin v. State

Defense counsel was not ineffective for failing to object to admissible testimony regarding the child victim's outcry.

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A DeKalb County jury found James Alan Guertin guilty of statutory rape, incest, two counts of aggravated child molestation, and two counts of child molestation for acts he perpetrated against his five-year-old niece. On appeal, Guertin claims numerous instances where his trial attorney was allegedly ineffective, thereby depriving him of his Sixth Amendment right to effective assistance of counsel at trial. We have reviewed the trial transcript and the transcript of the motion for new trial at which Guertin’s trial counsel testified. Finding no merit to Guertin’s claims, we affirm.

1. “A trial court’s finding that a defendant has not been denied effective assistance of trial counsel will be affirmed unless clearly erroneous. Cit.” Warren v. State, 197 Ga. App. 23, 24 1 397 SE2d 484 1990.

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